Revocation of some retained EU law

Implementation date: 31 December 2023

The Retained EU Law (Revocation and Reform) Act 2023 revokes some retained EU law. Retained EU law is EU-derived legislation that was preserved in the UK's domestic legal framework by the European Union (Withdrawal) Act 2018 to ensure its continuity after Brexit.

The Act also removes the supremacy of EU law and provides UK courts with greater discretion to depart from retained case law.

The retained EU law to be revoked on 31 December 2023 is included in a schedule to the Act. It includes some employment-law-related Regulations, the revocation of which will have minimal practical impact, such as:

  • The Posted Workers (Enforcement of Employment Rights) Regulations 2016 (SI 2016/539).
  • The Posted Workers (Agency Workers) Regulations 2020 (SI 2020/384).